Federal Communications Commission DA 13-1383
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Request for Waiver and Review of Decisions of
the Universal Service Administrator by
Alexander County School District
Taylorsville, North Carolina et al.
Schools and Libraries Universal Service Support
Mechanism
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WC Docket No. 06-122
File No. SLD-827833 et al.
CC Docket No. 02-6
ORDER
Adopted: June 14, 2013 Released: June 14, 2013
By the Chief, Telecommunications Access Policy Division, Wireline Competition Bureau:
1. Consistent with precedent,1 we grant 27 requests, deny nine requests, and grant in part and
deny in part three requests from petitioners2 seeking review of decisions made by the Universal Service
Administrative Company (USAC) under the E-rate program (more formally known as the schools and
libraries universal service support program).3 In each case, USAC did not allow petitioners to make
changes to their applications after the close of the E-rate funding window.4
2. Based on our review of the record, we find that, with respect to the applications and
funding requests listed in Appendix A, thirty petitioners sought to correct clerical or ministerial errors on
their E-rate applications, and therefore good cause exists to justify a waiver of section 54.504(a) of the
1 See Requests for Waiver and Review of Decisions of the Universal Service Administrator by Ann Arbor Public
Schools et al.; Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, 25 FCC
Rcd 17319 (Wireline Comp. Bur. 2010) (granting 38 appeals concerning many different types of clerical errors by
applicants in their E-rate applications or associated forms); Requests for Waiver and Review of Decisions of the
Universal Service Administrator by Beth Rivka School et al.; Schools and Libraries Universal Service Support
Mechanism, CC Docket No. 02-6, Order, 25 FCC Rcd 10653 (Wireline Comp. Bur. 2010) (Beth Rivka Order)
(denying applicant requests to remove entities with lower discount rates from their applications so as to raise their
average discount rate above the funding threshold).
2 The requests for review and waiver that we grant are listed in Appendix A, and the requests for review and waiver
that we deny are listed in Appendix B. Where we grant in part and deny in part a request, the funding request we are
granting is listed in Appendix A, and that which we are denying is listed in Appendix B.
3 Section 54.719(c) of the Commission’s rules provides that any person aggrieved by an action taken by a division of
USAC may seek review from the Commission. 47 C.F.R. § 54.719(c).
4 Applications filed before the close of the annual funding window are all treated as if they were filed at the same
time. 47 C.F.R. § 54.507(c). Funding requests filed after the close of the window, whether as new applications or
modifications to previously filed applications, are treated as filed on the date of filing. Applications filed after the
funding window are almost certain to go unfunded, because requests filed by the close of the window usually
exhaust the available funds.
Federal Communications Commission DA 13-1383
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Commission’s rules to permit them to correct those errors.5 We find that, with respect to the applications
and funding requests identified in Appendix B, twelve petitioners sought to make changes to their E-rate
applications that were more than ministerial or clerical, and therefore have not demonstrated that good
cause exists to justify a waiver of our rules.6 In denying these requests, we emphasize that an applicant’s
request to remove entities from its application, when such removal would raise the average discount
percentage for the relevant funding request above the funding threshold for that year, is not justifiable as a
ministerial or clerical error.7
3. Consistent with precedent,8 we also waive section 54.720(a) of the Commission’s rules,
which requires applicants to seek review of a USAC decision within 60 days, for Chabad of Southern
Nevada, Dominion Academy Charter School, John F. Kennedy Day School, Northern Central Local
School District, and Second Mesa Day School, which submitted their appeals to the Commission or
USAC within a reasonable period of time after receiving actual notice of adverse earlier decisions by
USAC.
4. We therefore remand the underlying applications listed in Appendix A to USAC for further
action consistent with this order. To ensure that those underlying applications are resolved expeditiously,
we direct USAC to complete its review of each application listed in Appendix A and issue a funding
commitment or a denial based on a complete review and analysis no later than 90 calendar days from the
release date of this order. In remanding these applications to USAC, we make no finding as to the
ultimate eligibility of the services or the petitioners’ applications.
5. We also waive section 54.507(d) of the Commission’s rules and direct USAC to waive any
procedural deadline, such as the invoicing deadline, that might be necessary to effectuate our ruling.9 We
find good cause to waive section 54.507(d) because filing an appeal of a denial is likely to cause
petitioners to miss the program’s subsequent procedural deadlines in that funding year.
6. ACCORDINGLY, IT IS ORDERED, pursuant to the authority contained in sections 1-4
and 254 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections
0.91, 0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a),
that the requests for review or requests for waiver filed by the petitioners listed in Appendix A ARE
5 47 C.F.R. § 54.504(a) (requiring applicants to submit a completed FCC Form 471 to USAC); see infra Appendix
A. Generally, the Commission’s rules may be waived if good cause is shown. 47 C.F.R. § 1.3. The Commission
may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the
public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast
Cellular). In addition, the Commission may take into account considerations of hardship, equity, or more effective
implementation of overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir.
1969); Northeast Cellular, 897 F.2d at 1166. Waiver of the Commission’s rules is appropriate only if both (i)
special circumstances warrant a deviation from the general rule, and (ii) such deviation will serve the public interest.
Northeast Cellular, 897 F.2d at 1166.
6 See Appendix B.
7 See Beth Rivka Order, 25 FCC Rcd at 10659, para. 12.
8 47 C.F.R. § 54.720(a). See Requests for Review and/or Requests for Waiver of the Decisions of the Universal
Service Administrator by Animas School District 6 et al.; Schools and Libraries Universal Service Support
Mechanism, CC Docket No. 02-6, Order, 26 FCC Rcd 16903, 16905, para. 4 (Wireline Comp. Bur. 2011) (granting
petitioners waivers of the Commission’s filing deadline for appeals because they submitted their appeals to the
Commission within a reasonable period of time after receiving actual notice of USAC's adverse decisions).
9 47 C.F.R. § 54.507(d) (requiring non-recurring services to be implemented by September 30 following the close of
the funding year).
Federal Communications Commission DA 13-1383
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GRANTED and their underlying applications ARE REMANDED to USAC for further consideration in
accordance with the terms of this Order.
7. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91,
0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that
sections 54.504(a), and 54.507(d) of the Commission’s rules, 47 C.F.R. §§ 54.504(a), and 54.507(d),
ARE WAIVED for the petitioners listed in Appendix A to the limited extent provided herein.
8. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91,
0.291, and 1.3 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, and 1.3, that section 54.720(a) of the
Commission’s rules, 47 C.F.R. § 54.720(a), IS WAIVED for Chabad of Southern Nevada, Dominion
Academy Charter School, John F. Kennedy Day School, Northern Central Local School District, and
Second Mesa Day School.
9. IT IS FURTHER ORDERED, pursuant to the authority contained in sections 1-4 and 254
of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-154 and 254, and sections 0.91,
0.291, 1.3 and 54.722(a) of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3 and 54.722(a), that the
requests for review or requests for waiver filed by the petitioners listed in Appendix B ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Kimberly A. Scardino
Chief
Telecommunications Access Policy Division
Wireline Competition Bureau
Federal Communications Commission DA 13-1383
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APPENDIX A
Requests Granted
Petitioner Application and
Funding
Request
Number(s)
Funding
Year
Date(s) Request for
Review/Waiver
Filed
Belleville Township High School District 201
Belleville, IL
869282 2012 Jan. 29, 2013
Chabad of Southern Nevada
Las Vegas, NV
481708 2005 Sept. 10, 2007
Chillicothe-Ross County Public Library
Chillicothe, OH
861999 2012 Nov. 29, 2012
Christ the King Prep
Newark, NJ
858585 2012 Dec. 12, 2012
Concordia Charter School
Mesa, AZ
809062
(FRN 2196120)
2011 Sept. 20, 2012
Dayspring Head Start
Baltimore, MD
807942 2011 Sept. 12, 2012
Dominion Academy Charter School
Houston, TX
667521 2009 Apr. 29, 2010
Advent Communication Systems
(Erie City School District
Erie, PA)
757530 2010 Aug. 29, 2012
Granville County School District
Oxford, NC 827957 2012
Dec. 21, 2012
supplemented
Jan. 22, 2013
Greater Johnstown CTC
Johnstown, PA
849833 2012 Jan. 4, 2013
Hickory City School District
Hickory, NC
828034
(FRN 2374034) 2012
Dec. 21, 2012
supplemented
Jan. 21 & 29, 2013
John F. Kennedy Day School
White River, AZ
756218 2010 Oct. 25, 2012
Necedah Area School District
Necedah, WI
869271 2012 Dec. 12, 2012
Neshoba County School District
Philadelphia, MS
729408 2010 Apr. 13, 2012
Northern Central Local School District
Pioneer, OH
836210 2012 Nov. 8, 2012
Osage Hills School District 3
Bartlesville, OK
848761 2012 Dec. 20, 2012
Paramount Unified School District
Paramount, CA
869994 2012 Dec. 14, 2012
Pender County School District
Burgaw, NC 836862 2012
Dec. 21, 2012
supplemented
Jan. 22, 2013
Petersburg City School District
Petersburg, VA
762164 2010 Apr. 15, 2013
Federal Communications Commission DA 13-1383
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Petitioner Application and
Funding
Request
Number(s)
Funding
Year
Date(s) Request for
Review/Waiver
Filed
Prescott Valley Charter School
Prescott Valley, AZ
870830, 873813 2012 Jan. 22, 2013
St. Anthony of Padua School
Columbus Grove, OH
824443 2012 Apr. 22, 2013
St. Joseph Catholic School
Muskogee, OK
830574 2012 Nov. 13, 2012
San Diego Independent School District
San Diego, TX
855624, 856947 2012 Jan. 30, 2013
Savannah R3 School District
Savannah, MO
825393 2012 Dec. 17, 2012
Second Mesa Day School
Second Mesa, AZ
846271 2012 Nov. 8, 2012
Selma Unified School District
Selma, CA 826498 2012
Oct. 23, 2012
supplemented
Oct. 25, 2012
Warren County School District
Warrenton, NC 856694 2012
Dec. 21, 2012
supplemented
Jan. 22, 2013
Washington County School District
Plymouth, NC 794941 2011
Dec. 21, 2012
supplemented
Jan. 22, 2013
Washington State Department of Information
Services
Olympia, WA
676418, 689914 2009
Apr. 29, 2010
supplemented
Aug. 8, 2012
Wilson County School District
Wilson, NC
829164
(FRN: 2372044)
2012 Dec. 21, 2012
supplemented
Jan. 17 & 29, 2013
Federal Communications Commission DA 13-1383
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APPENDIX B
Requests Denied
Petitioner Application and
Funding Request
Number(s)
Funding
Year
Date(s) Request for
Review/Waiver
Filed
Alexander County School District
Taylorsville, NC
827833 2012 Dec. 21, 2012
Cherokee-Crawford School District 247
Cherokee, KS
800166 2011 Jun. 19, 2012
Concordia Charter School
Mesa, AZ
809062
(FRN 2196158)
2011 Sept. 20, 2012
Dalton Public School District
Dalton, GA
791733 2011 Nov. 13, 2012
Halifax County School District
Halifax, VA 849905 2012
Dec. 21, 2012
supplemented
Jan. 22, 2013
Hickory City School District
Hickory, NC
828034
(FRN 2374045) 2012
Dec. 21, 2012
supplemented
Jan. 21 & 29, 2013
Ionia Public Schools
Ionia, MI 830257 2012
Nov. 19, 2012
supplemented
Dec. 19, 2012
Laurens County School District
Dublin, GA 865767 2012
Nov. 13, 2012
supplemented
Feb. 4, 2013
Manchester School District
Manchester, CT
825626 2012 Dec. 5, 2012
Mid-Florida Community Services
Brooksville, FL
799603 2011 Sept. 28, 2012
Tustin Unified School District
Tustin, CA
824322 2012 Apr. 1, 2013
Wilson County School District
Wilson, NC
829164
(FRNs: 2372018,
2372034, 2372056)
2012 Dec. 21, 2012